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DeRUYTER v. STATE

No. 86-1967.

521 So.2d 135 (1988)

Joseph Karl DeRUYTER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 9, 1988.

Attorney(s) appearing for the Case

John R. Vitola, of Law Offices of James Martin Brown, Brooksville, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and R. James McCune, Jr., Lakeland, for appellee.

UPCHURCH, Chief Judge.

Appellant, Joseph Karl DeRuyter, appeals an order denying his motion to set aside a default.

The state filed a complaint for civil RICO forfeiture of the residence jointly owned by appellant and one Duscha VanDenberg. Neither appellant nor VanDenberg filed a responsive pleading within 20 days of service. On the 21st day, the State obtained a clerk's default. On the following day, appellant moved to set aside the default and moved to...

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